4) You are a judge presiding over the case of Jimmy. Jimmy is facing charges of assault with the intention to do grievous bodily harm and attempted murder after he got into a bar fight at a local bar.

Jimmy's legal representative tells you in argument that the police have been "harassing" Jimmy for voice samples. They can corroborate voice recordings of Jimmy taunting other patrons at the local bar that the prosecution has in its possession. Jimmy's legal representative is of the view that voice samples do not fall into section 37 of the Criminal Procedure Act 51 of 1977 (concerning body prints and distinguishing features of the accused) and to admit them into evidence would infringe on Jimmy's right to a fair trial and the right not to selfincriminate himself.

Write note not exceeding one page in length in which you explain whether a person's voice can be regarded as a distinguishing feature in terms of section 37 with reference to the case of Lavaca and Others v Regional Magistrate, Wynberg and Another 2004 (5) SA 573 (SCA).

PLEASE INCLUDE REFERENCES